Federal Policy on the Use of Restraint and Seclusion in Schools

Federal Policy on the Use of Restraint and Seclusion in Schools - PDF (45 KB)

To:
District Superintendents
Superintendents of Public Schools
Superintendents of State-Operated and State-Supported Schools
Superintendents of Special Act School Districts
Executive Directors of Approved Private Schools
Principals of Public, Nonpublic, and Charter Schools
New York City Department of Education
Commissioner’s Advisory Panel for Special Education Services
Impartial Hearing Officers
Regional Special Education Technical Assistance Support Centers
Special Education Parent Centers
Organizations, Parents and Individuals Concerned with Special EducationFrom:
Ken Slentz, Deputy Commissioner, Office of P-12 Education

Subject:
Federal Policy on the Use of Restraint and Seclusion in Schools

This is to inform you that the United States Department of Education has issued an important Restraint and Seclusion: Resource Document outlining 15 guiding principles to help ensure that schools are safe and healthy learning environments for all students. This document does not set forth any new requirements, does not create or confer any rights for or on any person or require specific actions by any state, locality, or school district. A copy of the resource document is available at http://www2.ed.gov/policy/seclusion/restraints-and-seclusion-resources.pdf.

New York State Education Department (NYSED) regulations and guidance governing behavioral interventions in schools are consistent with this federal guidance and all schools should review their policies and procedures to ensure they are consistent with federal and State standards. Information regarding NYSED’s regulations can be found in the September 2009 memorandum Requirements Relating to the Use of Behavioral Interventions and Supports (http://www.p12.nysed.gov/specialed/publications/policy/BImemo-909.htm).

Thank you for your attention to this important matter. Please share this memorandum and the federal resource document with appropriate staff, including Directors of Special Education, Committee on Special Education Chairpersons, Directors of Pupil Personnel Service, as well as Parent Teacher Associations. Questions on this memorandum should be directed to the Special Education Policy Unit at (518) 473-2878 or the Student Support Services Office at (518) 486-6090.